GIRISH DAYARAM CHAUDHARI Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application under Sec. 439 Cr.P.C. filed by the aforesaid Applicant, who is facing trial in PMLA Case No 1108 of 2021, arising from ECIR/MBZO-II/10/2019, registered by Directorate of Enforcement (ED), for the offence under Sec. 3 r/ w. Sec. 4 of the Prevention of Money Laundering Act, 2002 (PMLA).

(2.) The Respondent carried out the investigation on the basis of the FIR No.121 of 2017 lodged by one Hemant Laxman Gavande, at Bund Garden Police Station, Pune, against the Applicant and the other co-accused for offences under Sec. 13(1)(d), r/w. 13(2) and 15 of Prevention of Corruption Act, (hereinafter referred to as the P.C.Act) and Sec. 109 of the Indian Penal Code (IPC).

(3.) The allegations in the FIR are that the accused No.1 -Eknath Khadse misused his official position as State Revenue Minister to purchase and claim compensation in respect of the land under survey No.52/2A/2 of Village Bhosari, Taluka Haveli, District Pune. The said land which was owned by Ukani family. The State Government had acquired the said land for the purpose of development of Industrial area. Notification under Sec. 32(1) of MID Act was published in the official gazette dtd. 26/10/1972. The said land vested in MIDC by virtue of Sec. 32(4) of the MID Act. The MIDC took possession, developed the land and allotted it to several allottees, who have set up various industries.